Date: 27 July 2023
A 41-year-old Chinese Male Arrested for Posting a Doxxing Message
The Office of the Privacy Commissioner for Personal Data (PCPD) today arrested a Chinese male aged 41 in the New Territories. The arrested person was suspected to have disclosed the personal data of the victim without his consent, in contravention of section 64(3A) of the Personal Data (Privacy) Ordinance (PDPO).
PCPD’s investigation revealed that the victim had a monetary dispute with a third party in 2020. Subsequently, a message containing the personal data of the victim was posted on a personal account of a social media platform in December 2022 requesting settlement of the outstanding loan from the victim. The personal data disclosed included the victim’s English name, mobile phone number, his photos and a copy of the victim’s Hong Kong Identity Card (HKID card) which showed particulars of his Chinese name, English name, HKID card number, date of birth, gender and a photo of him, etc.
The arrested person is granted bail. The PCPD will continue its investigation into the case.
The PCPD reminds members of the public that identity cards contain sensitive personal data. Disclosing or reposting copies of identity cards without the consent of the data subject concerned, either arbitrarily or maliciously, may constitute a doxxing offence. An offender is liable on conviction to a fine up to $1,000,000 and imprisonment for five years.
Relevant Provisions under the PDPO
Pursuant to section 64(3A) of the PDPO, a person commits an offence if the person discloses any personal data of a data subject without the relevant consent of the data subject—
(a) with an intent to cause any specified harm to the data subject or any family member of the data subject; or
(b) being reckless as to whether any specified harm would be, or would likely be, caused to the data subject or any family member of the data subject.
A person who commits an offence under section 64(3A) is liable on conviction to a fine of $100,000 and imprisonment for two years.
Pursuant to section 64(3C) of the PDPO, a person commits an offence if—
(a) the person discloses any personal data of a data subject without the relevant consent of the data subject—
(i) with an intent to cause any specified harm to the data subject or any family member of the data subject; or
(ii) being reckless as to whether any specified harm would be, or would likely be, caused to the data subject or any family member of the data subject; and
(b) the disclosure causes any specified harm to the data subject or any family member of the data subject.
A person who commits an offence under section 64(3C) is liable on conviction on indictment to a fine of $1,000,000 and imprisonment for five years.
According to section 64(6) of the PDPO, specified harm in relation to a person means—
(a) harassment, molestation, pestering, threat or intimidation to the person;
(b) bodily harm or psychological harm to the person;
(c) harm causing the person reasonably to be concerned for the person’s safety or well-being; or
(d) damage to the property of the person.
－End－